Samuel Gray v. David Brewer
| SAMUEL GRAY |
| DAVID BREWER, Warden |
| 23-15678 |
| May 5, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Habeas Corpus |
Docket Report
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| Document Text |
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| Filing 6 Filed Appellant Samuel Gray motion to extend time to file appellant opening brief. Deficiencies: None. Served on 06/17/2023. [12741992] (BJK) [Entered: 06/23/2023 11:57 AM] |
| Filing 5 Received copy of District Court order filed on 06/12/2023 declining to issue a certificate of appealability. [12734344] (QDL) [Entered: 06/12/2023 05:23 PM] |
| Filing 4 Filed Appellant Samuel Gray motion to reconsider Appellate Commissioner order of the Court filed on 06/02/2023. Deficiencies: None. Served on 06/07/2023. [12732613] (BJK) [Entered: 06/09/2023 12:19 PM] |
| Filing 3 Filed order (Appellate Commissioner): This case appears to arise under 28 U.S.C. 2255 and thus is subject to the requirements of 28 U.S.C. 2253(c). See Porter v. Adams, 244 F.3d 1006, 1007 (9th Cir. 2001) (order) (holding that a successive 28 U.S.C. 2255 motion disguised as a 28 U.S.C. 2241 petition requires a certificate of appealability). This case is remanded to the district court for the limited purpose of granting or denying a certificate of appealability at the courts earliest convenience. See 28 U.S.C. 2253(c); Fed. R. App. P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270. The Clerk will send a copy of this order to the district court judge. (9th Cir. 1997). If the district court chooses to issue a certificate of appealability, the court should specify the issues that meet the required showing; if the district court declines to issue a certificate, the court is requested to state its reasons. See 28 U.S.C. 2253(c)(3); Asrar, 116 F.3d at 1270. (Staff Attorney Office) [12727273] (JMR) [Entered: 06/02/2023 09:30 AM] |
| Filing 2 Filed Appellant Samuel Gray motion to proceed In Forma Pauperis. Deficiencies: None. Served on 05/15/2023. [12719451] (BJK) [Entered: 05/19/2023 02:11 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Samuel Gray opening brief due 07/06/2023. Appellee David Brewer answering brief due 08/07/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12709682] (RT) [Entered: 05/05/2023 10:24 AM] |
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| Petitioner / appellant: SAMUEL GRAY | |
| Represented By: | Samuel Gray |
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| Respondent / appellee: DAVID BREWER, Warden | |
| Represented By: | Michelle Rodriguez |
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